Mexico moves to April 1, 2001. Official websites use .gov They would release the number of Visa to USCIS, who would then Adjust the Status of Applicants to Permanent Residency. So for example, if India is most retrogressed, which it currently is and if there are any unused EB1s in the ROW, then India will get additional allocations to that extent. Q. In this new bulletin, we see no changes in the family-based category but some major retrogression in the employment-based Final Action chart in the EB-4 category, especially for most countries across the board (except Central America). However, when their children turn 21 years old, many of them are no longer able to maintain lawful immigration status in the U.S. and risk becoming separated from their families. Q. For March, the final action date for the EB-5 Unreserved category for India is set at 01JUN18., NUMBERS FOR THE EMPLOYMENT-BASED PREFERENCE CATEGORIES. Why did many adjustment of status applicants see the status of their applications change to Case Was Updated to Show Fingerprints Were Taken in the USCIS Case Status Online tool in early FY 2023 when they had provided biometrics months earlier? (Added 10/26/2022). Why did China only get 2,348 while South Korea got 3,290 and Philippines got 6,492? As a result, the noncitizen could not adjust status based on that petition. A. China remained on January 1, 2016, and India on December 8, 2019. Q. Do biometrics expire due to retrogression? EB4 is for Religious Workers and EB5 is for Immigration through Investment (1 Million Dollars or $500,000 in certain areas). Q. Visas not required in EB-1 are made available in EB-2, and visas not required in EB-2 are made available in EB-3. Hi, My PD is February 2018 EB1A India. Here's Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. We will update these tables as we get more data from USCIS or DOS. EB-5 Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. For all other employment-based preference categories, the priority date generally is the date USCIS accepts the underlying petition for processing. We are dedicated to ensuring we use as many availableemployment-based visasas possible in FY 2023, which ends on Sept. 30, 2023. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. SEND PRIVATE MESSAGE. Please note that when INA 203(d) states that a derivative family member shallbe entitled to the same status, and the same order of considerationif accompanying or following to join the principal applicant, it means that a derivative has the same priority date (order of consideration) and same immigrant visa category as the principal applicant. The EB3 India should still move forward and may reach 2014 as per our estimation. Im just trying to say that experience gained and manager titles should be given equal priority. When estimating how many pending or newly filed applications are likely to result in visa use during a fiscal year, the agencies consider a variety of factors, including but not limited to: When the amount of demand for a particular category (or a country within a category) exceeds the supply of visa numbers available, the category/country is considered oversubscribed and DOS applies a cut-off date in the Final Action Dates chart to ensure that visa use remains within the quarterly and annual limits, as well as the category and per-country limits and order of consideration, as established by Congress. Expert Witnesses When do you think this date might become current? Picture Information. Because this table is based on people who already has filed I-485, and the EB2 data has never moved beyond 2010 and so no one has filed I 485 after those dates all are waiting.. Any clue? To circumvent this 150-year wait, your Adult US citizen child can sponsor you once he/she turns 21. This means a total of 200k GCs will be available for the . Heres Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. If not, you must read it again for EB4 to EB5 to EB1 to EB2. If you havent guessed the answers, heres the questions again. Q. L-1 Visas AAO As per Visa Bulletin May 2018 > https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html, and June 2018 >https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html. These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. Why do the dates in the Visa Bulletin sometimes retrogress? From Annual Numerical Limits FY 2018 Data. 121 Business To highlight the importance of applicants making this decision themselves and communicating it to us, here is an example. EADs, OPT Your priority date should be before this date. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Also, my PD is Jan, 2010 under EB2. Visas The employment spillovers happen in this order: In a nutshell, this is the funnel for spillovers within employment-based categories: If you want to understand how this whole setup works, head over to the HappySchools blog who has explained spillover sharing details within EB categories in a really simple way. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf. Even I want to know why those are empty. English Exam All requests to transfer the underlying basis already received or that will be received at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485. H-1B Visa Guide Does retrogression affect my priority date or place in line for an immigrant visa? Based on Oct 2018 data, your Priority Date may become current around September 2021, As of My PD is 8/19/2016. A pending EB-3 petition in this scenario does not prevent USCIS from granting the applicants request to transfer the underlying basis of their pending Form I-485 to a separate, approved Form I-140. Like this thread 0 0. Youll notice there are two charts for each category. The Dates for Filing chart determines when an applicant can file an I-485. OP. China is more retrogressed than South Korea and Philippines. Unless the US Immigration law is changed, to remove country-based GC limits with a law like S386, there is no real possibility of any Indian joining the EB2 Green card queue, to get a Green card in his/her lifetime. Many people would need the NABC (non-availability of birth certificate) to file the i-485 application and am22tech is helping with it for a small fee. So in that case during fiscal year 2021 (i.e Oct 2020 to Sep 2021) FB GCs won't be issued for atleast 6-7 months (immigration ban and consulate delays). . You start talking about EB3, EB2 and never moving Priority Date. Now, lets look at the numbers for EB-2 India since 2018. (Added 10/26/2022). How did EB3 India get 6,608, when EB2 India got just 2,879 for FY 2017? Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. For the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world are current. Derivative children may cross-charge to either parents country as necessary. Quiz: When theres a backlog in EB2 for India and China, why did 79 go unused? Wouldnt it be better to go back to India, gain experience there, change jobs even, and come back when the PD is nearing to be current? The State Department provides the following guidance regarding the EB-2 category: Since December 2022, there has been higher than expected number use and demand, mostly due to continued new filings by applicants from all countries with priority dates earlier than the established final action dates. You see so many, recently arrived cocky Indian families who are so completely disconnected from American culture. The Visa Bulletin is updated on a monthly basis. Will EB2 India reach Dec 2014 by Sep 2023 bulletin? There are three different Categories within Employment Based Green Card EB1, EB2, EB3. Looking for U.S. government information and services? So approx 200-300k GCs should flow into EB. For April 2023. Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. The PD for my EB2 petition is March 9, 2016. EB2 to EB3 Downgrade Process, Risks (Premium, Cover Letter) Indian EB2 vs EB3 green card priority date movement. Majority of Non-Immigrants know about never ending Green Card wait times. What is my path forward to a Green Card? You should be ready to file i-485 documents if the dates move forward quickly as the window might not stay open for long. J Visas/Waivers jQuery(function(){if(typeof WebFont!=='undefined'){WebFont.load({google: {families: ['Open Sans:400,700',]}});}}); Schedule Consultation With this knowledge about Spill Over, I-485 Inventory Data and Visa Bulletin, we have to answer the following questions: Before we can answer the above questions, you have to understand the Role of USCIS and the Department of State. For the purposes of the March 2023 bulletin AOS, USCIS indicated to use the Dates for Filing Chart which Chart to use for family-sponsored filings. What? The more you know about your green card, the easier it will be to make informed decisions about your case. For the second question, you should be following the Report from Department of State. There are millions of people waiting in line abroad for family-sponsored green cards. Mexico retrogresses to August 1, 2020 and India to March 1, 2021. Your priority date should be before this date. Since USCIS updates data every few weeks, estimated date shown below may also change every few weeks. EB3-to-EB2 porting is minimal now as most of the folks that were backlogged for years in EB3 have gotten their GCs. Great article Raghu. Theres ROW EB3 to EB2 India spillover. We make this determination monthly based on how many visa numbers remain available for the year, USCIS and DOS visa-available inventory, and operational considerations. A. Good details. Your priority date should be before this date. Nurses The tool is meant only for employment-based green card applicants who have already filed their employment-based I-485 applications with USCIS and are curious to know when their I-485 applications might be processed. Yes. "Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. A. My PD is 2012 feb for eb3 category. Maybe 10 to 15 years at the current rate. What I meant was when the wastage is 50% it shows my pd in 2014 as reachable in Aug 2022 but if I put it as 25% wastage then it shows it reachable in May 2023. Employers 2501 S. State Hwy. China remained on July 8, 2019, and India stayed on May 1, 2012. If you dont understand the logic at work here, dont worry. Please check this blog and update yours so more people are educated . Well, I dont know the answer, but, I think, is because the Visa Demand and the numbers given by Department of State. looking forward for more. STEM OPT A visa number is not subtracted from the annual limit based on any other preliminary step in the adjudication process (that is, not at the time of filing, not at the time of interview scheduling, not at the time of transferring to a USCIS Field Office, not with the issuance of a Request for Evidence, not with the approval of the underlying immigrant visa petition, not with the granting of a transfer of underlying basis request, etc.). (Updated 10/26/2022). Hi Remember, marriage-based green card applicants, are known as immediate relatives and dont have to wait to receive a green card. A priority date establishes a persons place in line to get an immigrant visa. You can estimate dates based on your own understanding too. Spillover from FB to EB next year - political considerations . Reports on Judges If a noncitizen is seeking a visa in a preference category that required a labor certification from the Department of Labor (DOL), their priority date generally is the date DOL accepts the labor certification application for processing. We require transfer requests to be in writing from the applicant to ensure that the record accurately reflects the basis on which the applicant requests us to adjudicate the adjustment of status application. Within EB2, allocated visas are split into the following buckets (as per I-485 Inventory Data): Yup. EB Green Cards EB3 India getting spill over from EB3 ROW (about 3,500) and get total more than 6K. When a visa becomes available to you in the future based on the Final Action Date for your country and category as compared to your priority date, USCIS will be able to approve your adjustment of status application if you are admissible, merit a favorable exercise of discretion, and are otherwise eligible. So, EB1 will move at a slow pace (as per avail cap numbers). Q. Terms of Service Q. If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. It hurts dont it, stop doing this, realize that we all are being taken advantage in this country, there is no race that is as successful as Indians but treated as shit in US, because folks like you who hate there own brethren , why will anyone respect Indians when we dont ourselves. (Added 10/26/2022). For transfer requests accompanied by Supplement J submitted to this address at the Dallas Lockbox, we scan the documents, upload the Supplement J information into our systems (generating a receipt notice), and notify the office or service center that currently holds the related adjustment of status application that the scanned request is available in our electronic systems. One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. Correct? In the EB-4 category, we see China, India, Mexico and the rest of the world retrogress. The unused EB1 (out of 2803) for South Korea spilled over to EB2 for South Korea and then to EB3 for South Korea. Finally, in the EB-5 unreserved category, Mexico, the Philippines, Central America, and the rest of the world are current. AFAIK USCIS does the vertical spillover first and for each country separately, before doing the horizontal spillover. South Korea uses fewer EB1 numbers. For more information about when a visa is considered available for CSPA purposes as well as other details about CSPA, please seeVolume 7, Part A, Chapter 7 of the USCIS Policy Manual. In the F-3 category, China, India, and the rest of the world stayed on November 22, 2008, while Mexico remained on November 1, 1997, and the Philipines remained on June 8, 2002. Awesome article. In the F-1 category, China, India, and all other countries of chargeability remain at August 8, 2016. Jobs & Visas (Added 10/26/2022). USCIS designates regional centers for participation, In this article, you can learn about how to get U.S. Green Card via EB5 Visa along with the steps and stages of the EB5 Visa application process along with the timeline for EB5. Unless any lawsuit changes this stance, Indians are in for a big shock. Why do adjustment of status applicants who have lived in the United States for many years have to demonstrate that they are not inadmissible under the health-related grounds of INA 212(a)(1)? (Updated 10/26/2022), An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. http://geni.us/EBGreenCardProcess. A. Hi, When do you think it will be current? A Case Remains Pending message in case status online indicates that an officer reviewed the application and determined that it could not be approved on that date because the Department of State could not allocate a visa number. Senator from Georgia David Perdue blocked this bill S386. Where can we find how many unused visa nos are available for EB3 or EB2 india for 2020. Read: S386 Bill Status Latest News Updates You may wonder how. A. Many attorneys have been preparing to file a lawsuit too to challenge USCISs interpretation of giving away the full spillover to ROW instead of giving it to the most backlogged country which is Indian and China. How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status? A. No, the biometrics collected by USCIS in connection with a pending adjustment of status application never expire. While biometrics-based background checks are valid for a period of 15 months, USCIS refreshes the background check associated with the pending adjustment of status application by resubmitting the previously provided biometrics; a new biometrics appointment is not required. In this new bulletin, we see no changes in the family-based category but some major retrogression in the employment-based Final Action chart in the EB-4 category, especially for most countries across the board (except Central America). If I port down to EB3, do you think EB3 Jan 2010 will be current anytime soon. click here: https://www.mygcvisa.com/visa/. When does the special exception to the per-country levels for the employment-based categories apply? My PD is Sep29, 2009 India in EB2, any chances of me getting Green this year. (Updated 10/26/2022). You might need to contact an expert immigration attorney for your specific immigration needs.Related Topics : november 2022 visa bulletin predictions,november 2022 visa bulletin,green card,visa bulletin,visa bulletin predictions,eb2,eb3,us immigration,us immigration news,uscis,visa bulletin 2022 predictions,uscis news,mandar immigration,immigration reform,immigration,green card news,immigration news,us visa,us visa interview waivers,employment based visa,family based visa,wisdom trends,mandar wisdom trends,adjustment of status,mandar immigration latest Your Form I-485 is based on an employment-based immigrant visa (but not an EB5 visa). Please note that accepting or rejecting a benefit request is part of USCIS intake processing; it is not the approval or denial of the benefit request by an adjudicator. If I have more than one pending application for adjustment of status, and USCIS approves one of them, what does it do with the others? Ok. Courts 800# A. USCIS encourages adjustment of status applicants to submit Form I-693, Report of Medical Examination and Vaccination Record, with their Form I-485, Application to Register Permanent Residence or Adjust Status. Appreciate your input. When do you think my date will become current ? Senator Feinstein and Her Unknown Immigration Legacy, Attorney Shusterman Featured in SuperLawyers Magazine, CSPA Age Calculation Why the USCISs New Policy Falls Short, Its Time to Fix Our Broken Legal Immigration System, Biden Administration Announces New Border Crackdown. O-1 Visas Check what do they have to say. Due to years of wait, not everyone with approved I-140 would file for I-485. China No Movement This is what the estimated values look like. For EB-5, all countries are current apart from China (July 8, 2015) and India (June 1, 2018). USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. It is working. 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